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TERMS OF USE

AGREEMENT BETWEEN USER AND FSS LLC

This is a legal agreement between you and the Foundation Sports Systems, LLC (FSS LLC) with respect to your access and use of this web site. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and/or use the Service (collectively, the "Terms of Use" or "Agreement"). If you do not accept these Terms of Use in their entirety, you may not access or use the Service.

Portions of the Service may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, terms and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, terms and conditions and these Terms of Use, the Terms of Use shall control, except that the FSS Service Privacy Policy, referenced below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, terms and conditions published in connection with the Service with respect to the subject matter covered by such privacy policy.

1.MODIFICATION OF THESE TERMS OF USE; UPDATES

FSS LLC may change the Terms of Use at any time and such changes shall be effective immediately. You are responsible for regularly reviewing the Terms of Use. The most recent version of the Terms of Use can be found at http://www.admin.foundationtennis.com/tc/termsofservice_page.cfm. Your continued use of the Service affirms your agreement to the Terms of Use and any changes. FSS LLC is not obligated to provide updates or improvements to the Service. However, if FSS LLC, in its sole discretion, updates or improves the Service, these Terms of Use shall apply to such updates and improvements unless expressly noted otherwise.

FSS is not obligated to provide updates or improvements to the Service. However, if FSS, in its sole discretion, updates or improves the Service, these Terms of Use shall apply to such updates and improvements unless expressly noted otherwise.

2.NO UNLAWFUL OR PROHIBITED USE; RESPONSIBILITY FOR YOUR ACCOUNT

As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Service or to otherwise interfere with or disrupt any accounts, computer systems or networks connected to the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You may not use access to the Service to obtain information necessary for you to design, develop or update unauthorized software that you use or provide to others to use to access the Service. You may not charge others to use the Service either directly or indirectly without the express written agreement of FSS.

You agree to use the Service only to send, receive, publish, and transfer appropriate messages and material. By way of example, and not as a limitation, you agree that when using the Service, you will not:

oUse the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk or unsolicited messages (commercial or otherwise).

oDefame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

oTransfer, stream, or otherwise make available, files or other material that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

oUse any material or information, including images or photographs, which is made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

oTransfer, stream or otherwise make available, files or other material that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

oDownload any file or other material transferred by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such manner.

oUse, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service or other user or usage information or any portion thereof.

oFalsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred.

oViolate any code of conduct or other guidelines which may be applicable to the Service.

oUse any portion of the Service to harvest or otherwise collect information about others, including e-mail addresses.

FSS reserves the right at all times to monitor communications on the Service and disclose any information FSS deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of the FSS, its employees or the public. FSS also reserves the right to edit, refuse to transfer or to remove any information or materials, in whole or in part, in FSS's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in the Service. FSS does not control or endorse the content, messages or information exchanged by means of the Service and, therefore, FSS specifically disclaims any liability with regard to the Service and any actions resulting from your participation in the Service.

You are responsible for all activities that occur in your Service account. You agree to notify FSS immediately of any unauthorized use of your account or breach in security known to you related to the Service.

3.PRIVACY SETTINGS

How you set your privacy settings in your player profile determines the accessibility of your data.

4. USE BY MINORS

Persons considered to be a minor under the laws of the state of their residence, generally under eighteen (18) years of age, must have the permission of their parent, custodian or legal guardian to register and use this service.

5.PRIVACY

See the FoundationTennis.com Privacy Statement at http://www.admin.foundationtennis.com/tc/privacypolicy.cfm for disclosures relating to the collection and use of your information.

6.INTERACTION WITH THIRD PARTY SITES AND SERVICES

The Service may allow you to interact with third-party Web sites and Web services ("Link(s)"). The Links are not under the control of FSS and FSS is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. FSS is not responsible for any form of transmission received from any Link, nor is FSS responsible if the Link is not working appropriately. FSS is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by FSS of the Link or any association with its operators. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links.

You are solely responsible for any dealings with third parties (including advertisers) who support the Service, including the delivery of and payment for goods and services.

7.TERMS OF USE FOR SERVICE-ENABLED PROPERTIES

For the terms and conditions governing your use of any FSS or authorized third party Web site or service that enables you to use the Service other than the Service itself ("Service-Enabled Properties"), please refer to the applicable Terms of Use for such Service-Enabled Properties.

8.SOFTWARE AND CONTENT AVAILABLE ON THE SERVICE

All content and software (if any) that is made available to view and/or download in connection with the Service ("Software") is owned by and is the copyrighted work of FSS and/or its suppliers and is licensed, not sold. Your use of the Software is governed by the terms of the license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, FSS hereby grants to you, the user, a non-exclusive, revocable, personal, non-transferable license to use the Software solely in connection with the Service in accordance with these Terms of Use. You may not lend, lease, rent or sublicense the Software or any aspect of the Service.

You will not disassemble, decompile, or reverse engineer the Software. All Software is protected by copyright laws and international treaty provisions. Any unauthorized reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

Your license to use the Software with the Service terminates when you terminate your use of the Service. Your license to use the Software with the Service may also terminate if FSS, in its sole discretion, modifies the Service to no longer support such Software.

9.MATERIALS YOU POST OR PROVIDE

Some FSS client software that accesses the Service allows you to submit materials for use in connection with the Service. For materials you post or otherwise provide to FSS related to the Service (a "Submission"), you grant FSS permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the service, and (2) sublicense these rights. FSS will not pay you for your Submission. FSS may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section.

10.NO WARRANTIES; LIABILITY DISCLAIMER; EXCLUSIVE REMEDY

FSS PROVIDES THE SERVICE AND THE SOFTWARE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. FSS, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE "FSS PARTIES") MAKE NO WARRANTIES. THE FSS PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. FSS MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.

IN NO EVENT SHALL ANY OF THE FSS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FSS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

11.INDEMNITY

You agree to indemnify and hold FSS, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, the violation of these Terms of Use by you, or the infringement by you, or other user of the Services using your computer or identity, of any intellectual property or other right of any person or entity.

12.CUSTOMER SUPPORT

FSS may, but is not required to, provide you with customer support ("Support"). Unless you have entered into a separate written support agreement with FSS with respect to the Service, FSS may terminate any Support it provides at any time in its sole discretion.

Authorized third-party software that uses the Service is not supported by FSS and you should contact the provider of such software for support, if any.

13.TERMINATION/ACCESS RESTRICTION

Unless you, or a third party on your behalf, have entered into a separate written agreement with FSS that modifies these Terms of Use, FSS reserves the right, in its sole discretion, to terminate your access to and use of the Service or any portion thereof at any time, without notice. Also, unless you or a third party on your behalf have entered into a separate agreement with FSS, FSS may terminate or suspend your access to the Service for inactivity, which is defined as failing to log onto the Service for an extended period of time, as determined by FSS.

14.ELECTRONIC NOTICES

You consent to FSS providing you any information regarding the Service in electronic form. FSS may provide such information to you via e-mail at the e-mail address you specified when you registered for the Service, by instant message to your account, or by access to a FSS web site. As long as you access and use the Service, you will have the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you must discontinue your use of the Service.

15.GENERAL

If you reside in the United States, claims for enforcement, breach or violation of duties or rights under these Terms of Use are governed by the laws of the State of North Carolina, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, are governed by the laws of your state of residence in the United States. If you reside outside of the United States, these Terms of Use are governed by the laws of the State of North Carolina, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Guilford County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the Service.

YOU AND FSS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

TRADEMARKS. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

FSS and/or its suppliers may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages that are part of the Service. Except as expressly provided in these Terms of Use, the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

17.NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement at http://www.foundationtennis.com/info/cpyrtInfrg.htm.

Revised 11/11/2017

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About us

Ace Media Group provides reporting, market analysis and public relations for the tennis industry.